Nolen v. Palmer
Supreme Court of Alabama
ERROR to the Circuit Court of Barbour. Tried before the Hon. Robert Dougherty. Teespass to try titles by Avery Nolen against Benjamin Palmer, “ to recover possession of the east half of the northeast quarter of fractional section 26, in township 10, range 27, lying in Barbour, and subject to entry at the Land Office in Montgomery ; to try the titles thereto, and recover damages for the detention thereof, and particularly to try the titles to the south end of said tract, now…
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ERROR to the Circuit Court of Barbour. Tried before the Hon. Robert Dougherty. Teespass to try titles by Avery Nolen against Benjamin Palmer, “ to recover possession of the east half of the northeast quarter of fractional section 26, in township 10, range 27, lying in Barbour, and subject to entry at the Land Office in Montgomery ; to try the titles thereto, and recover damages for the detention thereof, and particularly to try the titles to the south end of said tract, now in possession of, and under cultivation by the defendant, and also damages for the detention thereof.” It appears from…
1Opinion of the CourtGoldthwaite, J.
The patent of the plaintiff, Nolen, called for the cast half of the north-east quarter of fractional section 26, township 10, and range 27, containing seventy-four acres, according to the plat of the official survey returned by the Surveyor General to the Land Office. The eastern line of this section, running north and south, was more than a mile in length, and the half-mile stake, or quarter section corner, as fixed by the United States surveyor, was less than a half mile from the north-eastern corner of the section. The questions presented by the record, are, whether the eastern line of the…
2Cases cited3 opinions
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
- Walters v. CommonsSupreme Court of Alabama · 1835
- Lewen v. SmithSupreme Court of Alabama · 1838
3Cited by8 opinions
- Hays v. CockrellSupreme Court of Alabama · 1867
- Wright's Heirs v. WareSupreme Court of Alabama · 1874
- Billingsley v. BatesSupreme Court of Alabama · 1857
- Case v. EricsonIdaho Supreme Court · 1927
- Dougherty v. HoodSupreme Court of Alabama · 1954
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